Legal Opinion

McCormack v. Maloney

Appellate Division of the Supreme Court of the State of New York

Decided March 2, 2017PublishedCited by 4 opinions

1Opinion of the CourtMulvey, J.

Appeals (1) from an order of the County Court of Essex County (Meyer, J.), entered August 18, 2015, which granted defendant’s motion to strike plaintiff’s demand for a jury trial, and (2) from an order of said court, entered August 25, 2015, which denied plaintiff’s motion for summary judgment.

In 2010, plaintiff filed a summons and complaint seeking foreclosure of a mortgage given by defendant. A default judgment entered against defendant was later vacated and defendant was permitted to serve an answer with counterclaims. Both parties moved for summary judgment and County Court denied both…

2Cases cited4 opinions

  1. Burke v. CrossonNew York Court of Appeals · 1995
  2. Town of Coeymans v. MalphrusAppellate Division of the Supreme Court of the State of New York · 1998
  3. State v. JosephAppellate Division of the Supreme Court of the State of New York · 2006
  4. Matter of Cobleskill Stone Products, Inc. v. Town of SchoharieAppellate Division of the Supreme Court of the State of New York · 2015

3Cited by4 opinions

  1. Lai v. MontesAppellate Division of the Supreme Court of the State of New York · 2020
  2. Estate of Joyce Savage v. KredentserAppellate Division of the Supreme Court of the State of New York · 2020
  3. Augusta v. KwortnikAppellate Division of the Supreme Court of the State of New York · 2018
  4. Matter of Santander Consumer USA, Inc. v. Autorama Enters., Inc.Appellate Division of the Supreme Court of the State of New York · 2022

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